omit observing, that these orders were given with the full
presumption, that the business, which I laid before Congress in
February last, would have been settled long before these despatches
should come to my hands. However sensibly my Court will be
disappointed in its expectations, I shall add nothing to the
information and observations, which, with the warmest zeal for the
interests and honor of both countries, and by the duties of my office,
and my instructions, I found myself bound to deliver from time to time
to Congress, in the course of this business. The apprehension of
giving new matter to those who endeavor to blame Congress is a new
motive for me to be silent. I beg only to remind this honorable body
of the aforesaid information and reflections, and particularly of
those which I had the honor to deliver in an assembly similar to the
present. I shall only insist on a single point, which I established
then and since, in one of my Memorials, namely, the manifest and
striking necessity of enabling Spain, by the determination of just and
moderate terms, to press upon England with her good offices and bring
her mediation to an issue, in order that we may know whether we are to
expect peace or war. This step is looked upon in Europe as immediately
necessary. It was the proper object of the message I delivered in
February last. I then established the strong reasons, which require
that at the same time, and without delay, proper terms should be
offered to his Catholic Majesty, in order to reconcile him perfectly
to the American interest. I did not conceal, that it was to be feared,
that any condition inconsistent with the established system of the
alliance, which is the binding and only law of the allies, and
contrary to the line of conduct, which Spain pursued in the course of
her mediation, would lead her to drop the mediation, and prevent his
Catholic Majesty, by motives of honor and of faithfulness, from
joining in our common cause, and from completing the intended
triumvirate. No loss, no unhappy event, could be so heavy upon the
alliance as this. Indeed, although the British forces are already kept
in check by the combined efforts of France and America, it is
nevertheless evident, that the accession of Spain can only give to the
alliance a decided superiority, adequate to our purposes, and free us
from the fatal chance, that a single unlucky event may overthrow the
balance.
* * *
The committee then taking notice of what the Minister had said
concerning a tacit assurance of the independence of these States, and
the reluctance of the King of Great Britain to make an express
acknowledgment thereof, requested to know his sense concerning the
manner in which such tacit assurance could be given. To which, he
premising that what he should now say ought to be considered only as
his private sentiments, replied, that the British Court would probably
endeavor to avoid an express acknowledgment, by imitating precedents,
that had occurred in Europe on similar occasions, instancing the cases
of the Swiss cantons, and the United Provinces of the Netherlands;
that the mode adopted in the latter case had been for the Archduke, to
whom the King of Spain had transferred his right of sovereignty, to
treat with them "as with free and independent States." And that with
respect to the cantons, France had not been able to obtain for them in
the treaty of Munster any other than a declaration, that they should
be in possession of as full liberty and exemption from the empire, and
be in no manner subject to the jurisdiction thereof. But that in his
opinion the circumstances of these States, and the manner in which
they had conducted their opposition, would justify their expecting a
more full declaration.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, July 26th, 1779.
Sir,
The Minister Plenipotentiary of France has received with gratitude the
permission, which the Congress of the United States has been pleased
to grant him, for the expedition of the ship Defence. His Court will
be very sensible of the regard, which Congress have been pleased to
pay to the situation of the vessels of war stationed at Cape Francois.
The said Minister takes the liberty of reminding Congress of the
request, which he made in one of his Memorials, dated the 5th of this
month, relative to the accusations, which have been made before the
whole House, of frauds which were thought to have been practised with
regard to the cargo of the ship Defence, and of other vessels loaded
with provisions for the French squadron. The undersigned has, by
writing, on the 17th of this month, urged the committee intrusted with
this verification, to be pleased to hasten its report, and he takes
the liberty of addressing the same request to the Congress of the
United States itself. Congress is also referred to the reflections
contained in his said Memorial of the 5th instant.
GERARD.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, July 26th, 1779
Sir,
The Minister Plenipotentiary of France has received the resolution of
Congress, dated the 15th of this month, in relation to the supplies of
provisions destined for the squadron of the King. He requests Congress
to accept his thanks for the measures, which have been taken to effect
this important object. He is only under the necessity of representing,
that no one of the officers of the King can, and that no American
citizen will, take it upon himself to receive and take care of the
provisions destined for this purpose. The unjust and arbitrary
proceedings, to which they have been exposed, terrify them, and the
undersigned is obliged to request Congress to leave the said
provisions in their own magazines, and in the hands of their own
officers, till the time of making use of them arrives. This request
has more particular reference to the flour taken from Wilmington, and
which has become the direct property of Congress by the transfer of
it, which the undersigned made to Congress in one of his latest
Memorials.
GERARD.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, July 26th, 1779.
Sir,
The Minister Plenipotentiary of France has the honor to lay before the
Congress of the United States of America the sequel of the
proceedings inserted in the public papers against M. Holker, Consul of
the King, and his Majesty's general Navy Agent. The first part of
these same proceedings is already in the hands of this august
Assembly. The Minister of France intended merely to lay the facts
before them, and to leave to their wisdom to determine the measures,
that they should judge proper for putting an end to this offence; but
the late unjust, injurious, and incompetent proceedings, which have
been carried on against a public officer of the King in relation to
the exercise of his functions, the further dangers with which he is
threatened, the indirect consequences, which already result from them
to the representative of his Majesty, and those which may result more
directly from the sentiments and principles which are manifested, do
not permit the Minister any longer to observe the same moderation.
Congress have received the credentials of the undersigned Minister in
the name of all the United States. They have accepted, and invested
with their authority the other officers of his Majesty. It
consequently belongs to Congress to protect them against the attacks,
which may be made in their persons on the dignity of his Most
Christian Majesty, and the laws common to all nations governed by the
laws of police, relative to the free exercise of their functions.
Congress is too enlightened to need a comment upon the insulting
writings, which the Minister lays before them. He merely requests them
to take into consideration the contents of the letter, which the said
Minister has written to the President of the Executive Council of
Pennsylvania, as well as that which the Consul of the King has
addressed to him. Copies of them are annexed. He is persuaded that
Congress will have the less hesitation to take this cause in hand, as
facts are involved in it relative to the secret of the alliance, which
have happened in the sight and with the consent of a committee; and as
this reason alone would justify them in taking an exclusive cognizance
of it; besides, the Consul of the King will most fully prove, if
Congress think it necessary, that the orders he has given have been
exactly conformable to the agreement made with the committee, and to
the territorial laws of the State in which they were executed.
Agreeably to these considerations, the Minister Plenipotentiary of
France has the honor to beg and formally to request the Congress of
the United States of America;
1st. To be pleased to take under their special protection the Consul
of the King, and, if circumstances require it, his Majesty's other
officers.
2dly. To cause the public notice already given to be repeated, that M.
Holker has been accepted by this august body, and recognised as the
Consul of his Most Christian Majesty.
3dly. To grant to this public officer, or to procure for him, justice
and satisfaction for the attacks publicly made on his honor and
reputation.
4thly. To declare that the Consul of the King has acted conformably to
the views and wishes of Congress, in seeking to procure provisions for
the King's squadron by the way of trade; that the condition of these
private purchases has always been, that the articles procured should
remain at the free disposal of Congress, either for the army, or for
the benefit of the public, and that not a single barrel of flour
should be exported without their consent and formal authorisation;
that, in consequence of this agreement, the undersigned Minister has
transferred to them the hundred and eightytwo barrels bought at
Wilmington, and that this quantity of provisions has, from this time,
become the property of the United States.
Finally, the undersigned Minister requests Congress to take the
effectual measures that their wisdom shall dictate, for protecting all
the officers of the King, his master, from every unjust, injurious,
and arbitrary proceeding, and for securing to them the liberty
necessary for the exercise of their functions, without seeing the
dignity of his Majesty and the honor of his officers exposed to
farther insults.
The justice of Congress, and their regard for the honor of a monarch,
who is a friend and ally of the United States, will, doubtless,
prevent the serious discussions and the misunderstanding which such
proceedings, if they are not promptly and authentically made amends
for, would undoubtedly occasion. It is with the most entire
confidence, that the undersigned Minister places this whole affair in
the hands of Congress.
GERARD.
* * *
_The Papers referred to in the foregoing Memorial._
No. 1.
M. GERARD TO THE PRESIDENT OF THE STATE OF PENNSYLVANIA.
Translation.
Philadelphia, July 26th, 1779.
Sir,
M. Holker, Navy Agent and Consul of the King, my master, has presented
to me his defence in relation to the suspicions, which some have been
pleased to excite as to his conduct concerning the subsistence of the
French fleet. I approve and confirm all the contents of his letter,
and I declare, that he has acted on this occasion in his capacity of a
public man and an officer of his Most Christian Majesty, and that all
the orders that he has given for the said subsistence have been given
under my direction, and with the consent and agreeably to the desire
of the committee of the general Congress of the United States.
I hope that the defence of the Consul of the King will satisfy your
Excellency and the Executive Council of this Province, as well as
every honest and unprejudiced man. At any rate, M. Holker and all the
other consuls and officers of his Most Christian Majesty scattered
throughout America, will always be ready, when they shall be properly
requested, to answer as to anything that shall relate to the law of
the country. It is the serious will of his Majesty; his
representatives are ordered to see to it; and it is for this reason,
that the offers of M. Holker have anticipated your wishes in this
respect. But, Sir, in paying this just tribute to the sovereignty and
to the territorial law, I must have the honor of observing to you,
that there is no civilized nation where the agents and public servants
of a foreign sovereign do not enjoy immunities and exemptions, which
by the unanimous consent of these nations have been regarded as
indispensably necessary for the free exercise of their functions; even
when they act contrary to the law of the country, care is taken, and
caution used, in order not to wound the dignity of their constituents,
and not lightly to injure the public character of their officers. If
they have acted only in their official capacity, people have neither
the right nor the power to set themselves up for judges; but if there
are evident proofs, they are transmitted to the superior officer, if
there is one in the country, and it may be to the sovereign himself,
and it is for him to cause satisfaction to be made, or the proper
punishments to be inflicted.
These officers, moreover, cannot be subjected to any inspection or
inquisition with regard to the execution of their public functions,
except to that of their own sovereign and his representatives; it does
not belong to any one whatsoever to assume in this respect a power and
an authority, which would become an attack on the rights of the
sovereign of another country, and an injury to its representatives.
This would be a violation of the laws common to nations governed by
the laws of police, and a manifest infraction of the principles upon
which the mutual and necessary communication between friendly nations
is founded, and without which the appointment and the residence of the
respective public officers would become dangerous and impossible, if
in any country whatever these principles were not acknowledged, or if
any person pretended, without the consent of a sovereign, to set up
for a guardian of his officers, and to censure and condemn their
conduct in his name, or under the pretext of his interest. If this
usurped power extended even to actions, the scene of which was without
the territory of the State; if it were allowable to take the property
of a sovereign by force from the place of deposit, notwithstanding the
protest of the civil magistrate, and in a foreign State, to which
alone it would belong to protest against the violence of its laws; in
fine, if after assuming the pretext of taking care of his interests,
any one should dare to sentence explicitly or by implication a foreign
King to pay a penalty or fines, and if the public officers were
represented as enemies of the country, even while they were employed
in affairs of the utmost secrecy and of the greatest importance for
this very country's own interest, they would then be deprived of the
liberty, which every citizen and every other stranger enjoys; while,
on the other hand, the terrified citizens would refuse to take part in
any affair relating to this power, in order to preserve their
reputation and tranquillity. These officers would then be prevented
from fulfilling their duties to their master, particularly if the
crime of falsehood were publicly imputed to them while their title and
quality were called in question, although publicly and authentically
acknowledged by all the powers of the country. Such conduct would be a
marked insult, and this situation very near to a state of hostilities
would tend to destroy all confidence, all commerce, and all
correspondence between the two friendly and allied nations; and there
would remain only one course to be pursued by the representatives of
that which should be injured, and which could not obtain immediate
satisfaction; namely, that of seeking an asylum in a country where the
respect which a nation owes to an independent, friendly, and allied
power, as well as to its representatives, is known, and where, by
conforming to the territorial laws, one can rely upon the effectual
protection of the sovereign, against every injurious, violent, and
arbitrary proceeding.
My duty, Sir, places me under the necessity of offering these remarks
to your Excellency and the Executive Council. Having no direct
credentials for the Republic of Pennsylvania, I cannot demand
reparations from it as a Minister, and I can only address myself to
the Congress of the United States, forasmuch as the facts in question
have all happened under its sanction and by its authorisation; but my
desire to preserve the decency, harmony, and good understanding,
which ought to prevail between two allied States, will justify me in
earnestly requesting your Excellency and the Executive Council to take
immediately into consideration the preceding observations, and without
delay to communicate to me your opinion on this subject. An explicit
and positive answer is indispensable in this delicate and critical
juncture, in order that I may take the measures suitable to the
dignity of the King, my master, as well as to the tranquillity and to
the honor of his officers of all ranks and denominations, and at all
events to enable his Majesty to provide himself for the maintenance of
his dignity. Meanwhile I give orders to suspend every proceeding
susceptible of new inconveniences, and every operation in the State of
Pennsylvania on account of his Most Christian Majesty on the part of
his officers, until the rules to which they are to conform shall be
known and fixed, and till the public is convinced that the citizens do
not expose their honor and their tranquillity, when they treat with
the officers of the King, and when they conform to the laws of their
States.
GERARD.
* * *
No. 2.
M. HOLKER TO JOSEPH REED, PRESIDENT OF PENNSYLVANIA.
Translation.
Philadelphia, July 24th, 1779.
Sir,
I have the honor of forwarding to your Excellency Mr Dunlap's
publication of this day, in which I find, with some degree of
surprise, a paragraph levelled at me and my official transactions. I
observe that notwithstanding the most explicit and repeated offers I
made to you yesterday morning, and through you to the honorable the
Supreme Executive Council of this State, of proving that I had not in
any shape violated or infringed the laws of Pennsylvania, that I had
acted in perfect conformity therewith; notwithstanding I solemnly
declared that the flour seized was bought and destined for the sole
use of his Majesty's fleet; notwithstanding the many and forcible
reasons urged to your Excellency to convince you that more proper and
more decent measures might have been pursued, and that the steps I had
taken to supply his Majesty's fleet were not only proper, but were
dictated by mere necessity; notwithstanding all these circumstances, I
am still held up to the public in a suspicious light, and as if I were
answerable or accountable for the private and personal transactions of
Mr Rumford of Wilmington, transactions totally foreign to me and to
the instructions or orders given him by me.
My application to you, Sir, in this respect, seems to have been so far
ineffectual, as also your just and pointed representation on this
subject, which you were pleased to communicate to me by your letter of
this day. I am sorry to remark, that though I have acted in concert
with his Excellency, our Minister Plenipotentiary, that Congress has
always been apprised of the purchases made by my orders; though all
the provisions purchased and delivered into the hands of my agents
have been at all times at the disposal of Congress in consequence of
express stipulations; though I have given with pleasure the widest
room for inquiry into the grounds of all suspicions, in order that a
thorough investigation might establish public tranquillity and public
confidence, which I had the greatest reason to expect, because it is
evident, even by the publications, that not a single suspicion was
founded on solid ground, but merely on surmise; still his Majesty's
representative in this Commonwealth, his Agent General in all the
ports of the United States, acknowledged as such by Congress, by
yourself, and the board at which you preside, specially charged, in
conjunction with the Minister Plenipotentiary, with procuring the
necessary supplies for his Majesty's squadron, expressly fitted out
for the defence of these States against the common enemy, and for the
protection of his dominions in America, acting in the strict line of
his office and duty, is most wantonly traduced to the public, branded
with the most injurious and unfair imputations in the newspapers
published in this very city, where these facts and my public character
are most notorious, under your eyes, with your knowledge, and in
contradiction to your personal advice and disapprobation.
I need not expatiate on the evil consequences, that may arise from
such illiberal aggression. I need not claim your interposition. But
the reasons I gave you yesterday, becoming every instant more forcible
and more pressing, it is necessary that I demand the most immediate
exertions of government on this occasion.
It is with the utmost reluctance I sit down to appeal in this solemn
manner to the Executive power of Pennsylvania for justice, lest my
request may be construed an opposition to the respectable motives of
the informers on my conduct; but I am accountable to my royal master
for my actions, and obliged to exact that respect due to his
representative in this State, and to support the dignity of the
character with which he has been pleased to invest me. Therefore, it
is in compliance with my duty, that I submit these facts and the
repeated insults I meet with, to the reflections of your Excellency
and Council, relying fully on your sense of propriety, and on your
exertions on this occasion, as in all others, where I have applied for
redress.[26]
I remain with respect, your Excellency's most obedient and humble
servant.
HOLKER.
FOOTNOTE:
[26] The publications relative to these complaints are found in the
Pennsylvania Packet of Saturday, July 24th, 1779.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, July 28th, 1779.
Sir,
The Minister Plenipotentiary of France thinking it necessary to lay
before Congress all the information relative to the affair of the
flour from Wilmington, has the honor to annex the copy of a letter,
which the President of the Executive Council of Pennsylvania has
written to M. Holker, as well as of the three pieces, which were
annexed to this letter, and of which this Consul has informed the said
President that he retained a copy.
The undersigned Minister must at the same time have the honor to
represent to Congress, that he is informed that there will be a new
meeting of the city on Monday morning, and that the critical state of
affairs seems to require, that it should be seen fit, before this
time, to take some effectual measures conformable to the petition and
to the request, which he has had the honor to address to Congress.
Otherwise the undersigned, and the other officers of the King, would
have no protection and no security against the effects of the unjust,
injurious and violent principles and proceedings, of which the said
Minister has complained; and he would be compelled to leave
Philadelphia and Pennsylvania, in order to seek an asylum in another
State, where liberty and protection could be secured to him, till he
could receive the orders of the King, his master.
GERARD.
* * *
_Copies of the Papers enclosed in the above Letter._
No 1.
JOSEPH REED TO M. HOLKER.
Philadelphia, July 24th, 1779.
Sir,
After the visit you favored me with yesterday, and in consideration of
the point on which we conversed, I wrote the letter enclosed, and
about six o'clock the answer, also enclosed, was delivered me. I
informed the gentlemen, two of the committee, that I had seen you that
morning, that you conceived yourself able to remove the imputations
conveyed in their representations, and had requested the Council to
point out the parts of your conduct, on which doubts might arise. The
gentlemen promised me they would inform the other gentlemen of what I
had represented; and also that I still thought there would be an
impropriety in making the publication in the present circumstances. I
observe this morning, that the gentlemen have been of a different
opinion, doubtless deeming themselves under a public obligation to
communicate the transaction to the world without delay.
I have the honor to be, &c.
JOSEPH REED.
_P. S._ Not having any copies of the enclosed, I must beg you to
return them after perusal.
No. 2.
In Council, Philadelphia, July 23d, 1779.
A paper, dated in committee, and signed William Henry, chairman, in
answer to the reference made by this Board on the 14th instant,
having been read,
Ordered, that the Secretary do write to the said Mr Henry to inform
him, that the papers alluded to in said answer did not accompany it,
and to desire that they may be forwarded as soon as convenient.
The President having informed this Board, that M. Holker had conferred
with him on the above representation, and showed a copy thereof
received by him (M. Holker) from the committee, and requested that
this Board would point out such parts thereof as may appear to convey
any imputations upon him, or distrust of his faithful performance of
his duty as a public officer,
Ordered, that the said paper be further considered tomorrow, that a
proper answer may be given to the said request.
Extract from the minutes,
JAMES TRIMBLE,
_for_ T. MATLACK, _Secretary_.
No. 3.
JOSEPH REED TO WILLIAM HENRY, CHAIRMAN OF THE COMMITTEE.
Walnut Street, July 23d, 1779.
Sir,